Virginia Board of Medicine can yank a license, but not provide patient records

The Virginia Board of Medicine has the authority to suspend a license or revoke it for up to five years. On Feb. 20, it summarily suspended the license of board-certified family physician Roger M. Phillips, calling his practice an immediate danger to public health. His Newport News office closed that day, leaving 400 patients without access to care or their records — a primary concern in seeking alternative care.

According to Dr. William Harp, the board's executive director, it has no authority to deliver records to patients. "The Board of Medicine doesn't confiscate original records and doesn't have the authority to provide any records to any patients," he said. "The law says that the records belong to the practitioner."

The board can get copies of records, but "if the Board of Medicine does have 25 to 50 records, the board is prohibited from providing those records," Harp said, citing confidentiality regarding disciplinary action.

By law, the practitioner is obligated to provide records to a patient within 15 days of a request. Phillips left request forms outside the door of his practice but advised patients that it could take weeks for him to get their records out. Many have reported not receiving any response to their requests; they have tried to see other physicians on the Peninsula without their records.

If patients are unable to obtain their records, they can file a complaint with the Enforcement Division of the Department of Health Professions, the board's oversight agency, or they can file a civil suit in court, said Harp. He downplayed the importance of a patient's medical record. "A patient can present to a new provider. He or she can provide a history of the treatment and have a physical exam. Medical records can be very helpful, but a new patient is not totally handicapped," he said.

Several patients have called the board trying to get their records and to get help in finding a new physician. "I was very shocked with the disregard of the Board of Medicine," said Nola Harrell, a retired nurse, who requested her records in writing on March 14. When Tony Anderson contacted the board, he said he was told, "That's your problem."

Others who've had trouble finding a doctor also expressed frustration. "There should be some mechanism to find a replacement doctor," said Rodney Erb, noting that he and his wife had contacted eight without success.

While the Virginia Board of Medicine licenses physicians, it doesn't control their choice of specialty, if any.

"It's up to the doctor to practice a specialty. You can get board-certified or self-proclaim," said Alan Heaberlin, deputy director of licensure.

Anyone with a license to practice medicine, surgery or osteopathy can attempt to do pain management, said Harp. The best thing is to have training — some of them are just a few hours — but it's not necessary to do a fellowship, he added.

He pointed to the board's "Model Policy for the Use of Opioid Analgesics in the Treatment of Chronic Pain," which was updated last year. "With such good guidance documents, a diligent physician who follows precepts will offer good care for a patient and keep out of trouble with the Board of Medicine," he said.

Harp cited the statewide Prescription Monitoring Program for Schedule 2, 3 and 4 drugs, and the required reporting of those medications dispensed, as a boost to the board's efforts to monitor prescription patterns.

"We've been doing it right for the past seven or eight years with robust enforcement," he said.

To see the Board's "Statement of Particulars," or charges, against Phillips, go to http://www.dhp.virginia.gov/medicine and click on License Lookup or Case Decisions. The public hearing on Phillips' license has been rescheduled to May 28 in Richmond.